Does section 352 of the California Evidence Code preclude a defendant from presenting all relevant evidence at trial?

California, United States of America


The following excerpt is from People v. Butler, E052573 (Cal. App. 2012):

Cal.3d 660, 684.) However, the court clarified that a defendant does not have "'a constitutional right to present all relevant evidence in his favor, no matter how limited in probative value such evidence will be so as to preclude the trial court from using Evidence Code section 352.' [Citations.]" (Id. at pp. 684-685.) Thus, the exclusion "of evidence, even if erroneous under state law, results in a due process violation only if it makes the trial fundamentally unfair. [Citations.]" (People v. Partida (2005) 37 Cal.4th 428, 439.)

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